4. Upon termination of the tenancy by
either party for any reason, the landlord may claim of the security deposit or
surety bond, or a combination thereof, only such amounts as are reasonably
necessary to remedy any default of the tenant in the payment of rent, to repair
damages to the premises caused by the tenant other than normal wear and to pay
the reasonable costs of cleaning the premises. The landlord shall provide the
tenant with an itemized, written accounting of the disposition of the security
deposit or surety bond, or a combination thereof, and return any remaining
portion of the security deposit to the tenant no later than 30 days after the
termination of the tenancy by handing it to the tenant personally at the place
where the rent is paid, or by mailing it to the tenant at the tenant’s present
address or, if that address is unknown, at the tenant’s last known address.
5. If a tenant disputes an item contained
in an itemized written accounting received from a landlord pursuant to
subsection 4, the tenant may send a written response disputing the item to the
surety. If the tenant sends the written response within 30 days after receiving
the itemized written accounting, the surety shall not report the claim of the
landlord to a credit reporting agency unless the surety obtains a judgment
against the tenant.
6. If the landlord fails or refuses to
return the remainder of a security deposit within 30 days after the end of a
tenancy, the landlord is liable to the tenant for damages:
(a) In an amount equal to the entire security
deposit; and
(b) For a sum to be fixed by the court of not
more than the amount of the entire security deposit.
7. In determining the sum, if any, to be
awarded under paragraph (b) of subsection 6, the court shall consider: